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92nd General Assembly

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Public Act 92-0765

HB2207 Enrolled                                LRB9206526OBpc

    AN ACT concerning mortgages.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 1.  Short Title.  This Act may be  cited  as  the
Mortgage Certificate of Release Act.

    Section 5.  Definitions.  As used in this Act:
    "Mortgage"  means  a  mortgage  or  mortgage  lien  on an
interest in one-to-four family residential real  property  in
this  State  given to secure a loan in the original principal
amount of less than $500,000. Trust deeds are not included.
    "Mortgagee" means either: (i) the grantee of a  mortgage;
or  (ii)  if a mortgage has been assigned of record, the last
person to whom the mortgage has been assigned of record.
    "Mortgage servicer" means  the  last  person  to  whom  a
mortgagor  or  the mortgagor's successor in interest has been
instructed by a mortgagee to send payments on a loan  secured
by  a  mortgage.  A person transmitting a payoff statement is
the mortgage servicer  for  the  mortgage  described  in  the
payoff statement.
    "Mortgagor" means the grantor of a mortgage.
    "Notice  of  intention  to  file  certificate of release"
means a statement from a title  insurance  company  or  title
insurance  agent  to  the  person to whom payment of the loan
secured by the mortgage  was  made  in  accordance  with  the
payoff  statement of the intention to record a certificate of
release.
    "Payoff statement" means a statement for  the  amount  of
the  (i)  unpaid  balance  of  a  loan secured by a mortgage,
including principal, interest,  and  any  other  charges  due
under  or secured by the mortgage; and (ii) interest on a per
day basis for the unpaid balance.
    "Record" means to deliver the certificate of release  for
recording with the county recorder.
    "Title  insurance agent" has the same meaning ascribed to
it as in Section 3 of the Title Insurance Act.
    "Title insurance company" has the same  meaning  ascribed
to it as in Section 3 of the Title Insurance Act.

    Section  10.  Content and delivery of notice of intention
to file certificate of release.
    (a)  The notice of intention to  file  a  certificate  of
release  shall  state  that if the title insurance company or
title insurance agent does not receive from the mortgagee  or
mortgage  servicer  or  its  successor  in  interest either a
release  or  a  written  objection  to  the  issuance  of   a
certificate  of  release  pursuant  to subsection (c) of this
Section, a  certificate  of  release  may  be  delivered  for
recording  to  the  recorder  of  each  county  in  which the
mortgage is  recorded.  A  notice  of  intention  to  file  a
certificate  of  release  should  be  in  a  form and include
content that substantially complies with Section 65  of  this
Act.  The  notice  of  intention  shall include a copy of the
closing statement or HUD-1 form and the  payoff  check  or  a
copy of it, or a copy of the wire transfer order.
    (b)  The  notice  of  intention  to file a certificate of
release shall be  sent  by  certified  mail,  return  receipt
requested,  with  postage  prepaid,  or  by  another  service
providing  receipted  delivery,  no  sooner  than  the day of
closing and no later than 30 days after receipt  of  payment.
The  notice  shall be delivered to the location identified in
the payoff statement or as otherwise directed in  writing  by
the  mortgagee  or  mortgage  servicer  or  its  successor in
interest. The notice may be sent with the payment,  and  need
not be sent separately.
    (c)  Within  90  days  after  receipt  of  the  notice of
intention to file a certificate of release, the mortgagee  or
mortgage  servicer  or  its successor in interest may issue a
release or may  object  in  writing  to  the  issuance  of  a
certificate  of  release,  and  by doing so shall prevent the
title  insurance  company  or  title  insurance  agent   from
executing  and recording a certificate of release pursuant to
this Act. Any written objection submitted by the mortgagee or
mortgage servicer or its successor in  interest  shall  state
the  reason  for  which the release or certificate of release
should not be issued. The written objection shall be sent  to
the  title  insurance  company  or  title  insurance agent by
certified  mail,  return  receipt  requested,  with   postage
prepaid,  or by another service providing receipted delivery.
A title insurance company or title insurance agent shall  not
cause  a  certificate  of  release to be recorded pursuant to
this  Section  if  the  title  insurance  company  or   title
insurance   agent  receives  a  written  objection  from  the
mortgagee or mortgage servicer or its successor in interest.

    Section 15. Certificate of release.  An officer  or  duly
appointed  agent  of a title insurance company may, on behalf
of a mortgagor or a person who has acquired from a  mortgagor
title  to  all  or  part  of  the  property  described in the
mortgage, execute a certificate of release that complies with
the requirements of this Act and record  the  certificate  of
release  with  the  recorder  of  each  county  in  which the
mortgage is recorded,  provided  that  payment  of  the  loan
secured by the mortgage was made in accordance with a written
payoff  statement  furnished by the mortgagee or the mortgage
servicer, that a satisfaction or release of the mortgage  has
not  previously been recorded, and that a notice of intention
to file a certificate of release was sent in accordance  with
Section 10.
    Section  20.   Contents  of  certificate  of release.   A
certificate of release executed under this Act  must  contain
substantially all of the following:
    (a)  The  name of the mortgagor, the name of the original
mortgagee, and, if applicable, the mortgage servicer  at  the
date  of  the mortgage, the date of recording, and the volume
and page or  document  number  or  other  official  recording
designation  in  the real property records where the mortgage
is recorded, together with similar information for  the  last
recorded assignment of the mortgage.
    (b)  A statement that the mortgage was paid in accordance
with the written payoff statement received from the mortgagee
or  mortgage  servicer  and  there  is  no objection from the
mortgagee or mortgage servicer or its successor in interest.
    (c)  A  statement   that   the   person   executing   the
certificate  of  release  is  an  officer or a duly appointed
agent of a title insurance company authorized and licensed to
transact the business of insuring titles to interests in real
property in this State pursuant to subsections (2) and (3) of
Section 3 of the Title Insurance Act.
    (d)  A statement that the certificate of release is  made
on  behalf  of  the  mortgagor or a person who acquired title
from the mortgagor to all or a part of the property described
in the mortgage.
    (e)  A statement that the mortgagee or mortgage  servicer
provided a written payoff statement.

    Section   25.  Execution.     A  certificate  of  release
authorized by Section 15 must be executed and acknowledged as
required by law, as in  the  case  of  a  deed,  and  may  be
executed  by  an officer or a duly appointed agent of a title
insurance company.  The agent must be a currently  registered
title insurance agent of the title insurance company.
    Section 30. Appointment of title insurance agent.
    (a)  The  appointment  of a title insurance agent must be
executed and acknowledged as required by law, as in the  case
of a deed, and must state all of the following:
         (1)  the  identity of the title insurance company as
    the principal;
         (2) the identity of the person, partnership, limited
    partnership, limited liability company, limited liability
    partnership, or corporation authorized to  act  as  title
    insurance  agent  to  execute  and record certificates of
    release provided for in this Act on behalf of  the  title
    insurance company;
         (3)  that  the  title  insurance  agent has the full
    authority to execute and record certificates  of  release
    provided for in this Act on behalf of the title insurance
    company;
         (4)  the  term of appointment of the title insurance
    agent; and
         (5) that the title insurance agent has consented  to
    and accepts the terms of the appointment.
    (b)  The delegation to a title insurance agent by a title
insurance company  shall  not  relieve  the  title  insurance
company  of  any  liability for actual damages as provided in
Section 40.
    (c)  A title insurance company may create an  instrument,
executed  by  an  officer of that company and acknowledged in
the same manner as a  deed,  appointing  one  or  more  title
insurance  agents authorized to issue certificates of release
under this Act.  This instrument shall designate  the  county
or  counties  in  which  it  is  to be effective and shall be
recorded with the recorder in each of those counties,  either
as an original instrument or by recording a copy certified by
the  recorder  of one of the counties. A separate appointment
of title insurance agent shall  not  be  necessary  for  each
certificate  of  release.  The appointment of an agent may be
re-recorded where necessary to  establish  authority  of  the
agent, but the authority shall continue until a revocation of
appointment  is  recorded in the office of the recorder where
the appointment of title insurance agent was recorded  or  on
the date, if any, in the recorded appointment document.

    Section  35.  Effect of recording certificate of release.
For purposes  of  releasing  the  lien  of  the  mortgage,  a
certificate   of   release  containing  the  information  and
statements  provided  for  in  Section  20  and  executed  as
provided in Section 25 is prima facie evidence of  the  facts
contained therein, and upon being recorded with the recorder,
shall  constitute  a  release  of  the  lien  of the mortgage
described in the certificate of release. The title  insurance
company or title insurance agent recording the certificate of
release may use the recording fee collected for the recording
of  a  release  or satisfaction of the mortgage to effect the
recording of the certificate of release.

    Section  40.  Wrongful  or   erroneous   certificate   of
release.     Recording of a wrongful or erroneous certificate
of  release  by  a  title  insurance  company  or  its  title
insurance agent  shall  not  relieve  the  mortgagor  or  the
mortgagor's   successors   or  assignees  from  any  personal
liability on the loan or other  obligations  secured  by  the
mortgage.  In addition to any other remedy provided by law, a
title insurance company executing or recording a  certificate
of  release under this Act that has actual knowledge that the
information and statements contained  therein  are  false  is
liable  to  the mortgagee for actual damages sustained due to
the recording of the certificate of release.   The prevailing
party in any action or proceeding seeking actual damages  due
to  the  recording  of  a  certificate  of  release  shall be
entitled to the recovery of  reasonable  attorneys  fees  and
costs incurred in that action or proceeding.

    Section  45.  Recording.   If  a  mortgage is recorded in
more than one county and a certificate of release is recorded
in one of them,  a  certified  copy  of  the  certificate  of
release  may  be  recorded  in  another  county with the same
effect as the original.  In all  cases,  the  certificate  of
release  shall  be entered and indexed where satisfactions or
releases of mortgage are entered and indexed.

    Section 50. Form of certificate of release. A certificate
of release in substantially the following form complies  with
this Act.

                   CERTIFICATE OF RELEASE
Date:....Title Order No.:.....
1. Name of mortgagor(s):.....
2. Name of original mortgagee:.....
3. Name of mortgage servicer (if any):.....
4. Name of last assignee of mortgage or record (if any):.....
5.   Mortgage   recording:   Vol.:.....Page:.....or  Document
No.:.....
6. Last assignment recording (if any):
Vol.:.....Page:.....or Document No.:.....
7. The above referenced mortgage has been paid in  accordance
with the payoff statement received from....., and there is no
objection  from  the  mortgagee  or  mortgage servicer or its
successor in interest to the recording of this certificate of
release.
8. The person executing this certificate  of  release  is  an
officer  or duly appointed agent of a title insurance company
authorized and licensed to transact the business of  insuring
titles  to  interests in real property in this State pursuant
to Section 30 of this Act.
9. This certificate of release  is  made  on  behalf  of  the
mortgagor  or  a person who acquired title from the mortgagor
to all or part of the property described in the mortgage.
10. The mortgagee or  mortgage  servicer  provided  a  payoff
statement.
11. The property described in the mortgage is as follows:
Permanent Index Number:.....
Common Address:.....
(Name of title insurance company)
By:.....
(Name  of  officer  and  title  or  name of agent and name of
officer / representative thereof)
Address:.....
Telephone No.:.....
State of Illinois)
                 )
County of        )
This instrument was acknowledged before me on .....(date)  by
.....(name  of  person)  as  .....(officer  for  /  agent of)
.....(title insurance company).
.....
Notary Public
My commission expires on.....

    Section 55. Form of appointment of title insurance  agent
for  issuance  of  certificates of release. A title insurance
company shall use the following form for the  appointment  of
its  title  insurance  agents  for  the  purpose of executing
certificates of release pursuant to this Act.
APPOINTMENT OF TITLE INSURANCE AGENT OR AGENTS FOR ISSUANCE OF
                   CERTIFICATES OF RELEASE
..... (name of title insurance company) appoints .....
(name of title insurance agent or agents) to act as its agent
or agents for the purpose of  executing  and  delivering  for
recording certificates of release as provided by the Mortgage
Certificate  of  Release Act. This appointment shall commence
on ..... (date) and (select one) continue  until  revoked  as
provided  by that Act / terminate on ..... (date).  The agent
or agents appointed has/have  consented  to  and  accept  the
terms of this appointment.
Dated this ..... (date).
By:
..... (title insurance company)
..... (signature)
..... (typed / printed name & title)
..... (address)
..... (telephone number)
State of Illinois)
                 )
County of        )
This instrument was acknowledged before me on .....(date)
by .....(name of person) as .....(officer for / agent of)
.....(title insurance company).
.....
Notary Public
My commission expires on.....

    Section  60.  Form  of revocation of appointment of title
insurance agent or agents for  issuance  of  certificates  of
release.  A  title  insurance company shall use the following
form for the purpose of revoking the appointment of its title
insurance agent's authorization for executing certificates of
release pursuant to this Act.
          REVOCATION OF APPOINTMENT OF TITLE INSURANCE
                     AGENT OR AGENTS FOR
               ISSUANCE OF CERTIFICATES OF RELEASE
....  (name  of  title   insurance   company)   revokes   the
appointment  of  .....  (name  of  title  insurance  agent or
agents) to act as its agent for the purpose of executing  and
delivering  for recording certificates of release as provided
by the Mortgage Certificate of Release Act.  This  Revocation
shall  be  effective upon the recording in each county, or on
..... (date), if subsequent to  recording.  A  copy  of  this
Revocation  has  been  delivered to the named title insurance
agent or agents by  certified  U.  S.  mail,  return  receipt
requested, at the following address or addresses:
.....(name of title insurance agent)
.....(address)
Dated this ..... (date).
By:
..... (title insurance company)
..... (signature)
..... (typed / printed name & title)
..... (address)
..... (telephone number)
State of Illinois)
                 )
County of        )
This instrument was acknowledged before me on .....(date)
by .....(name of person) as .....(officer for / agent of)
.....(title insurance company).
.....
Notary Public
My commission expires on.....

    Section   65.  Form   of  notice  of  intention  to  file
certificate of release.    A  notice  of  intention  to  file
certificate  of  release shall be in the following form.  Use
of a form substantially similar to this  form  complies  with
this Act.

     NOTICE OF INTENTION TO FILE CERTIFICATE OF RELEASE
    (Name  of  title  insurance  company  or  title insurance
agent), authorized to issue certificates of  release,  having
participated  in  the  real  estate  closing resulting in the
funding of the payoff of the mortgage originally recorded  as
Document  No.  ...,  or  Book at page or other filing made to
(name of original mortgagee)  hereby  gives  this  notice  of
intention to file certificate of release.  If, within 90 days
from  the receipt of this notice by you, we have not received
a release or satisfaction of the mortgage or an objection  to
the  issuance  of  a  certificate of release, we may record a
certificate of release of this mortgage with  the  office  of
the recorder.
    Enclosed is a copy of the closing statement or HUD-1 form
and  the  payoff  check  or a copy of it, or copy of the wire
transfer order.
Dated:  (Insert date)
By:  (Title Insurance Company or  Title  Insurance  Agent  as
authorized agent of title insurance company)
By:    (Name   of  officer  of  title  insurance  company  or
authorized title insurance agent)
    (signed)  ...

    Section 90.  Repeal.  This Act is repealed on January  1,
2004.  A certificate of release executed during the period in
which  this  Act  is  in  effect  is  valid  and  entitled to
recording.  Any certificate of release of record is effective
as provided in Section 35 of this Act.

    Section 95.  The Mortgage  Act  is  amended  by  changing
Section 2 as follows:

    (765 ILCS 905/2) (from Ch. 95, par. 52)
    Sec.  2.  Every  mortgagee of real property, his assignee
of record, or other  legal  representative,  having  received
full  satisfaction  and  payment  of  all such sum or sums of
money as are really due to him from the mortgagor, and  every
trustee, or his successor in trust, in a deed of trust in the
nature  of a mortgage, the notes, bonds or other indebtedness
secured thereby having been fully paid  before  September  7,
1973, shall, at the request of the mortgagor, or grantor in a
deed  of  trust in the nature of a mortgage, his heirs, legal
representatives or assigns, in case such  mortgage  or  trust
deed  has  been  recorded  or  registered,  make, execute and
deliver to the mortgagor or grantor in a deed of trust in the
nature of a mortgage, his  heirs,  legal  representatives  or
assigns, an instrument in writing executed in conformity with
the  provisions  of  this  section releasing such mortgage or
deed of trust in the nature  of  a  mortgage,  which  release
shall  be  entitled  to  be  recorded  or  registered and the
recorder or registrar upon receipt of such a release and  the
payment  of  the  recording  fee  therefor  shall  record  or
register the same.
    Mortgages  of  real  property  and  deeds of trust in the
nature of a mortgage shall be released of record only in  the
manner  provided  herein  or  as  provided  in  the  Mortgage
Certificate  of  Release  Act;  however, nothing contained in
this Act shall in any  manner  affect  the  validity  of  any
release  of a mortgage or deed of trust made prior to January
1, 1952 on the margin of the record.
    Every mortgagee of real property, his assignee of record,
or  other  legal   representative,   having   received   full
satisfaction  and payment of all such sum or sums of money as
are really due to him from the mortgagor, and every  trustee,
or  his  successor in trust, in a deed of trust in the nature
of a mortgage, the notes, bonds or other indebtedness secured
thereby having been fully paid after September 7, 1973, shall
make, execute and deliver to the mortgagor or  grantor  in  a
deed  of  trust in the nature of a mortgage, his heirs, legal
representatives  or  assigns,  an   instrument   in   writing
releasing  such  mortgage or deed of trust in the nature of a
mortgage or shall deliver that release  to  the  recorder  or
registrar  for  recording  or registering.  If the release is
delivered to the mortgagor or grantor, it must have imprinted
on its face in bold letters at least 1/4 inch in  height  the
following:  "FOR  THE  PROTECTION  OF THE OWNER, THIS RELEASE
SHALL BE FILED WITH THE RECORDER OR THE REGISTRAR  OF  TITLES
IN  WHOSE  OFFICE  THE  MORTGAGE OR DEED OF TRUST WAS FILED".
The recorder, or registrar, upon receipt of such a    release
and  the  payment of the recording or registration fee, shall
record or register the release.
(Source: P.A. 83-358.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 21, 2002.
    Approved August 06, 2002.
    Effective August 06, 2002.

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